BENGALURU: The Real Estate Regulatory Authority-Karnataka (RERA-K) on Friday issued an order directing the BDA to immediately register its Arkavathy Layout project under the RERA Act 2016. It is also considering penalty proceedings against the BDA for the violations committed in this project proposed two decades ago.
A RERA-K bench comprising its Chairman HC Kishore Chandra and members Neelamani N Raju and G Ravindranadha Reddy issued an interim order in connection with the complaint filed by Suthanthiraraj, an allottee and resident of Vidyarayanapura, against the BDA Commissioner under section 31 of the RERA Act.
According to the order, “The promoter had developed the project in the 18th Block of Amani Byrathikhane in Bengaluru East on survey numbers 19/5, 19/6, and 19/7. The complainant said the project was not completed, amenities were not provided and the physical possession of the site had not been handed over to the allottees.”
RERA-K also pulled up the respondent (BDA Commissioner) for remaining continuously absent during the proceedings held on nine different occasions from September 1, 2022 till October 31, 2023. The order said that under section 3 and 4 of the RERA Act, “No promoter shall advertise, market, book, sell or offer for sale, or invite persons to puchase in any manner any plot, apartment or building as the case may be, in any real estate project or part of it in any planning area without registering the real estate project
with the RERA established under the Act.”
The order also asked the BDA to submit an explanation within three weeks as to why penalty proceedings under section 59(1) of the Act should not be initiated. A top RERA official told TNIE, “The penalty is quite high and can even touch upto 10 percent of the overall project cost.”
Despite repeated calls made to BDA top officials for their response, there was no response. The Arkavathy Layout was planned in 2003-2004 with 8,813 sites to be carved on land acquired in the 16 villages in Bengaluru East and Yelahanka: Dasarahalli, Taisandra, K Narayanapura, Chalekere, Byrathikhane, Gedahalli and Prachenalli, Amrutahalli, Jakkur, Kempapura, Sampigehalli, Srirampura, Venkateshpura, Hennur, Hebbal and Nagawara. It has been controversial right from the start with 3,720 of the allotted sites cancelled over the years through a series of denotification orders and many still awaiting alternative sites.